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1538.5 Motion – To Suppress Evidence in a California Criminal Case

March 3, 2022 The Truth News

1538.5 Motion – To Suppress Evidence in a California Criminal Case In California criminal cases, a motion to suppress evidence is a pretrial motion where you ask the court to…

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Freedom of the Press – Flyers, Newspaper, Leaflets, Peaceful Assembly – 1st Amendment

March 2, 2022 The Truth News

Freedom of the Press – Flyers, Newspaper, Leaflets, Peaceful Assembly FLYERS/LEAFLETS/HANDBILLS/ = MODERN DAY WEBPAGE The USE of SOCIAL MEDIA or WEBPAGES (MODERN DAY LEAFLETS) to get ATTENTION to one’s…

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Commonwealth v. Harvey J. Bigelow – 14th Amendment

February 24, 2022 The Truth News

475 Mass. 554 (2016)59 N.E.3d 1105 COMMONWEALTH v. HARVEY J. BIGELOW. SJC-11974.Supreme Judicial Court of Massachusetts, Bristol.January 8, 2016.September 27, 2016.Complaint received and sworn to in the Taunton Division of…

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Substantial Truth Doctrine

February 23, 2022 The Truth News

Substantial Truth Doctrine The substantial truth doctrine is an important defense in defamation law that allows individuals to avoid liability if the gist of their statement was true. Defamation is…

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Police “Kettling” And Keeping The Peace – Immunity Fail – 1st & 4th Amendment

February 23, 2022 The Truth News

Eighth Circuit rejects qualified immunity for police supervisory and subordinate officers in crowd control operation Immunity Fail – 1st & 4th Amendment Mike Callahan – The Objectively Reasonable Officer Jury…

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Right to Receive Information and Ideas

February 7, 2022 The Truth News

Right to Receive Information and Ideas By David L. Hudson Jr. The right to receive information and ideas is an important principle in First Amendment law that surfaces in a…

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Violating a Court Order in California – Penal Code 166 PC

January 26, 2022 The Truth News

Violating a Court Order in California – Penal Code 166 PC The state of California takes court orders very seriously, partly because many court orders are protective or restraining orders…

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Lucas v. Arkansas (1974) – 1st Amendment

January 23, 2022 The Truth News

Lucas v. Arkansas (1974) The single-sentence Supreme Court decision in Lucas v. Arkansas, 416 U.S. 919 (1974), vacated and remanded this case, along with Kelly v. Ohio, Rosen v. California,…

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Karlan v. City of Cincinnati (1974) – 1st Amendment

January 11, 2022 The Truth News

Karlan v. City of Cincinnati (1974) In Karlan v. City of Cincinnati, 416 U.S. 924 (1974), the U.S. Supreme Court was asked to decide whether a city ordinance prohibiting words…

One of the earlier cases where the Supreme Court recognized that an overbroad law suppressed free speech had to do with labor picketing in the 1930s. The court in Thornhill v. Alabama ruled that the Southern state's wholesale ban on labor picketing that outlawed "peaceful and truthful discussion of matters of public interest" and violent actions alike was too broad. The court has continued to recognize the chilling effects of laws that have such sweep that they limit speech protected by the First Amendment. (Photo of union men picketing Macy's in New York City circa 1934 by Dorothea Lange, public domain through the U.S. National Archives and Records Administration)

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Overbreadth Doctrine

January 7, 2022 The Truth News

Overbreadth Doctrine Overbreadth is shorthand for the overbreadth doctrine, which provides that a regulation of speech can sweep too broadly and prohibit protected as well as non-protected speech. A regulation…

Category: 1st Amendment